We won Supreme Court Challenge to Roe8! The project is on hold

SBW challenged the environmental approval on the basis that the EPA did not take into account its environmental offsets policy. This policy says that where implementation of a proposal would result in significant residual impact to a critical environmental asset after all efforts to mitigate impacts were exhausted, then they could not use offsets.
Chief Justice Wayne Martin found in our favour that: When assessing projects, the EPA has to take into account its own policies, which include its non-statutory Assessment Guidelines and Protection Bulletin. A long judgement detailed other aspects of this case including the inconsistency with the EPAs supposedly independent and expert roles and ignoring its own policies.

In short the Court found that the EPA had documented the significant impact on the Beeliar Wetlands and should have known that offsets could not make the project acceptable. Therefore they should not have recommended approval to the Minister for the Environment. For now the Roe 8 project is stopped, but the State can appeal the finding.

Read more about the broader implications of this finding here:

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